The University has a campus-wide system called REPLAY that enables it to record lectures, making them available to students via the institutional Virtual Learning Environment (VLE) LearningSpace. REPLAY is powered by the Panopto video capture system.
There are many educational benefits in recording lectures, training sessions or pre-recorded content which can be viewed by students on or off campus from a variety of desktop and mobile devices. However, recorded content can raise additional issues that do not occur with traditional teaching and this guidance aims to address these.
This guidance may be amended by the University at any time and should be read in conjunction with the University’s relating regulations and policies. All users of the REPLAY system should be aware of the principles set out in the University’s Lecture Capture Policy.
Ownership of the recordings and other copyright works (for example presentation slides) created by the tutor for inclusion in the recording will be determined in accordance with the University’s Intellectual Property Regulations and Lecture Capture Policy, as amended from time to time.
Although all REPLAY-Ready rooms contain posters, staff should inform students if a lecture is being recorded, using a visual or verbal notice. An example of a visual notice can be found in the appendix below.
Tutors must not include third-party copyright material in their recordings unless there is a written agreement in place between the University and the third party permitting this. Tutors should instead refer students to the source of the material so this can be accessed by students at a later date.
Recordings are only provided as a supplement to live lectures and there is no obligation for the University to provide them to students.
The University's Intellectual Property Regulations form part of the conditions of employment for staff. In certain circumstances, delivery of a lecture may qualify as a performance (as defined by the Copyright, Designs and Patents Act 1988 UK) (the CDPA) and where this is the case, the tutor will have a separate distinct right known as a performer’s right. This exists apart from copyright and is also a property right that can be dealt with in the same way as any other intellectual property right - licensed or assigned by the tutor.
As covered by the Lecture Capture Policy, recording educational activity is an important part of the University’s strategy to enhance the quality of the student experience, and the University sees it increasingly as part of mainstream academic work. The University will therefore automatically capture all timetabled lectures, and make these available securely via the VLE.
The University recognises, however, that occasionally members of staff or students may have legitimate reasons for not wishing to be recorded, and the policy – which aims to promote responsible recording within a practical framework – therefore establishes a right of performers to opt-out of recording. By not opting-out you are expressly giving your consent to the University to make the recording(s) of your lecture and to subsequently make those recordings available to students and staff studying or teaching on a module.
One of the concerns frequently voiced by tutors about lecture capture is the possibility that their recorded lectures will continue to be used after they have left the University and that older recordings with out-of-date information could damage their academic reputation.
REPLAY is managed by the e-Learning Team. The University strongly encourages the capture of all lectures for the benefit of the student experience, however tutors may request the deletion of any recordings at any time but should give students reasonable notice before doing so. Tutors leaving the University mid-way through an academic year should note principle 2.1.14 of the Lecture Capture Policy.
If tutors do not request the deletion of recordings themselves, the period the University may keep a recording under the terms set out in the Lecture Capture Policy will start from the date the recording is made and last until the end of the following academic year. For example, a recording made in November 2014 could continue to be used until August 2016, the end of the following academic year. In practice, the e-Learning Team will implement a procedure during the summer vacation each year to automatically delete all recordings that have 'expired'. The deletion of old recordings will also help the e-Learning Team manage the disk storage required.
It will be possible for tutors to extend the availability of their recordings, at their discretion and subject to storage capacities, by agreement with the University. The e-Learning Team will give notice to tutors that recordings from a particular academic year are about to be deleted and provide instructions on how these recording may be kept.
It is important that tutors alert students to the fact that a lecture is being recorded. The lecture capture system focuses on the tutor (or presenter) so students will not ordinarily be recorded, although any questions or comments they make during the lecture may be recorded.
There are several ways in which students may be informed that a lecture is being recorded. The easiest method would be for the tutor to make an announcement at the beginning of the lecture. The announcement itself should also be recorded. The tutor could also include a PowerPoint slide at the beginning of a lecture that reminds students about the recording. A suggest slide is available for download in the appendix below.
Where students are asked to give formal presentations, or make substantial contributions during the course of the lecture being recorded, such that their contributions could also give rise to independent performance rights, the tutor will need to ensure that a written agreement is obtained from the students concerned before the lecture takes place. If this is not possible, these sessions should not be recorded.
Students should contact their tutor if they wish to be removed from a recording (on a lecture-by-lecture basis). Tutors should encourage students to consider allowing their question/comment to be included if deemed academically worthwhile. It is the responsibility of the presenter to edit captured lectures, however, additional support will be offered by the e-Learning Team.
Programme/Module leaders should ensure that any external colleagues who are delivering content on a module are aware of the REPLAY system and that they are free to exercise their right to opt-out under the same terms as internal staff. This particularly applies to colleagues who are not in a position to read important information posted on internal systems such as the Staff Newsletter.
As set out in the University’s Intellectual Property Regulations, it is the responsibility of each staff member not to infringe the intellectual property rights of third parties.
Third party rights are any rights which a party (other than the University or tutor) has in a work included in the recording. This extends to all forms of intellectual property and related rights. However, the most likely third party right you will encounter is copyright.
Tutors should not include third-party copyright material in REPLAY recordings unless there is a written agreement in place between the University and the third party permitting this. Please consult with the Library Enquiries team in good time if you are unsure whether there is an agreement in place which will permit you to use such material in the recorded lecture. Any permission you obtain to use a work in the course of delivering a lecture face-to-face, will specifically need to mention that permission has been given to publish it in the University’s VLE or on our website for the time that the recording will be accessible to students. This is in keeping with the University’s strong views about the value of intellectual property (IP) and the importance of academic integrity.
For example, tutors should not copy-and-paste images or articles they find on the web or through journals into their PowerPoint presentations, use music in their lecture or copy film extracts. If you find content on a website please ensure you read the terms carefully before using this in the lecture. If you are unsure what use is permitted, please contact the website owner for permission, clearly setting out what content you would like to use and how you would like to use it and specifically mention that the lecture will be recorded and disseminated to students online. Alternatively, consult with the Library Enquiries team in good time.
Material from published works such as books and journal articles can be problematic. The University’s Agreement with the Copyright Licensing Agency (CLA) will need to be complied with, which includes limits on what or how much of the work may be copied, appropriate acknowledgment, sufficient reporting and only making it available via secure access to students on that particular course of study. Please see copyright licences at Marjon for more information.
Since the permitted acts and exceptions contained in the CDPA which are ordinarily available for the delivery of a face-to-face lecture are unlikely to apply where a lecture is recorded and subsequently made available on-line; please pause the recording when showing this material to the students in class.
Materials made available under certain Creative Commons licences may be suitable for inclusion in recorded lectures. You should always check individual licence details and website terms and conditions. Further information about Creative Commons and other Open Educational Resources can be found on the LS Help for Staff pages of LearningSpace.
As an example tutors should avoid recording any of the following materials (unless specific written permission has been obtained)
Note: this is by no means a complete list.
It is vital that lectures and recordings of lectures in subjects such health sciences, social sciences and education do not include any details about individuals unless the tutor has their explicit written consent. Professional standards require privacy and confidentiality to be maintained at all times and individual cases should never be discussed in class in such a way that the individuals concerned could be identified.
Note that it is possible to inadvertently breach confidentiality with a recording. For example, a student may approach a tutor at the end of a lecture and discuss a confidential health or family issue, and that discussion can be accidentally recorded because REPLAY system is still running. In this case tutors should contact the e-Learning Team during normal office hours to request that that a recording is made unavailable with immediate effect. Tutors should then, with support, edit the recording to remove the private discussion before it is made available to students.
Recording by the University of educational activities is an important part of the University’s strategy to enhance the quality of the student experience, and the University sees it increasingly as part of mainstream academic work. The University recognises, however, that occasionally members of staff or students may have legitimate reasons for not wishing to be recorded, and the lecture capture policy therefore establishes a right to opt-out of being recorded.
REPLAY is a sophisticated, complex system, and neither the e-Learning Team nor Computing & Media Services can guarantee that all scheduled recordings will be successfully captured.
Students should be aware that recorded lectures are only available as a supplement to live lectures, and there is no obligation for the University to provide them. Normal University attendance policies remain unchanged.
At the start of each lecture, tutors may include this slide as a reminder to students. A similar notice should be found in every REPLAY-Ready room on campus.
REPLAY In Lecture Notice (powerpoint .ppt, 88 kbs)